For more than forty years, the law firm of Robert B. Fitzpatrick, PLLC has been a leading force in employment law. Robert B. Fitzpatrick, PLLC is nationally recognized as a premier employment law firm. The National Law Journal describes senior partner Robert B. Fitzpatrick as among the top employment lawyers in the country. Washingtonian Magazine hails him as "tops in employment law" in the Washington, D.C. area.
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Thursday, April 22, 2010

Recently, the Fourth Circuit in Dank v. Shinseki, 2010 U.S. App. LEXIS 7824 (4th Cir. Apr. 15, 2010), recognizing that there is a split in the circuits on this issue and no definitive decision from that circuit, found that it was not necessary for its decision in Dank to reach the issue. Section 504 of the Rehab Act states specifically that the employer’s action must be “solely by reason of” the illicit disability animus; whereas Section 501 of the same Act is silent in that regard. The government argued in Dank that this issue had already been resolved in its favor by the Fourth Circuit, relying upon Spencer v. Early, 278 F. App’x 254 (4th Cir. 2008) and Edmonson v. Potter, 118 F. App’x 726 (4th Cir. 2004). The Dank panel held that neither of those cases specified the standard for Section 501 nor addressed the issue of whether it is a different standard from that applicable to Section 504.

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Robert Brian Fitzpatrick is the principal in the law firm of Robert B. Fitzpatrick PLLC in Washington, D.C. where he represents clients in employment law and employee benefits matters. Mr. Fitzpatrick has concentrated his practice in employment law disputes for over forty years. He has represented clients in individual and class actions. He has represented clients in employment discrimination, workplace harassment, retaliation, age discrimination, FMLA, ADA, whistleblower, wrongful termination, non-compete, trade secrets, Computer Fraud and Abuse Act, and wage and hour claims among others. He counsels numerous executive clients regarding employment agreements and compensation issues. He has negotiated literally thousands of severance agreements. He has represented clients in practically every industry and profession, including government employees, employees in the hospitality industry, the high tech/computer, government contractors, transportation, entertainment, sports, financial services, trade associations, and academia.

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